2009-01-20
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of8
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Thursday, January 22,2009 9:11 AM
To: minutes@beverlyma.gov
Subject: 09.jan20.doc
Regular Meeting
Beverly City Council 7:00, PM January 20, 2009
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D.
Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty
Moment of Prayer for incoming President
Pledge of Allegiance to the Flag: Led by Councilor Martin
Public Hearings and Public Speakers:
7:20 PM Presentation Peter Seamans
Acceptance of Minutes:
Meeting of January 5,2009
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#8
January 20,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
There exist multiple safety and development issues at the interface of the land and the water of the city property that the Beverly Harbor
Management Authority oversees.
Currently consulting contracts exist with marine consultants Vine and Associates of Newburyport for both economic development work and
1/29/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8
the correction of safety related issues.
The Harbor Management Authority requests approval to transfer $100,000 from its existing Free Cash balance of $219,905 to complete
design work on the safety and development issues. I concur completely with this recommendation which will complete the design work.
As you know, the City has applied to both the State of Massachusetts for construction funding of needed improvements as well as to the
Federal Government for stimulus package funding. It is essential that the balance of the design work be completed so as to not delay
construction when funding becomes available.
Please set a date for a Public Hearing on this request for transfer at your earliest convenience.
A letter from Finance Director, John Dunn also referencing this matter is attached.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#9
January 20,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Charles Harris, 9 Ober Street, Beverly, MA 01915, to serve as a
member of the Planning Board.
His term will be effective until December 31, 2011.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#10
January 20,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby submit for your information the attached Annual Beano Report for 2008 from the Friends of the Beverly Council of Aging.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File
#11
1/29/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of8
January 20,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Julie DeSilva, 20 Noble Hill Road, Beverly, MA 01915, to serve as a
member of the Solid Waste Management Committee.
She will fill the vacant position left by the resignation of Beatrice Mendez and her term will be effective until March 31, 2010. Attached is a
recommendation from the Committee Chair Mary Rodrick concerning this appointment.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#12
January 20,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Solid Waste
Management Committee.
Mary L. Rodrick
14 Peabody Avenue
Barbara Papish
5 Hale Park Avenue
John Swain
7 Pierce Avenue
Their terms to be effective until March 31, 2011.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
Communications from Other City Officers and Boards:
#13
Beverly School Committee appointments to Financial Long Range Forecasting Committee
School committee James Latter and Paul Manzo
Community Representative Doreen Maciak
Receive and Place on File
1/29/2009
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Communications, Applications and Petitions:
#14
Application Class II MVDL Ronald Cordette d/b/a Beverly Autotop and Upholstery
Refer to Legal Affairs
#15
Request for Sewer Abatement Michael J. Bushey, 10 Shannon Lane
Refer to Finance and Property
#16
Communication relative to Memorial for those lost in July 4, 1984 Fire at Elliott Chambers
Refer to Public Services
Regorts from Committees:
#283-08
The Committee on Finance and Property to whom was referred the matter of Reappointment Commissioners of Trust Funds, Ellen Dunn,
William Howard, Lawrence Smith and John Putney have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointments
Order read once and adopted 9-0 Vote
#8
The Committee on Finance and Property to whom was referred the matter of Transfer to Account Beverly harbor Management have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly will hold a Public Hearing on Monday, Feb. 2, 2009 at 7:20 PM in Council Chambers,
Third Floor, 191 Cabot St., Beverly, Ma relative to a transfer in the amount of $100,000 from Free Cash to Beverly Harbor Management
for the completion of design work relative the waterfront area.
First Passage:
Public Hearing:
Final Passage:
Jan. 20, 2009
Feb. 2, 2009
Feb. 2, 2009
Order read once and adopted 9-0 Vote
#230A - 08
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Planning relative to
rezoning on Brimbal Avenue have considered said matter and beg leave to report as follows, to wit:
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Receive and Place on File
Order read once and adopted 9-0 Vote
#248
The committee on Legal Affairs to whom was referred the matter of Application for Second Hand Junk Dealers License - Frank Kiminski
have considered said matter and beg leave to report as follows, to wit:
Recommend the License be DENIED
Order read once and adopted 9-0 Vote
#267 A
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance MV & T
Heather Street have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#2
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication regarding Lodging House
Licenses have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#4
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application Second Hand Junk Dealers
License, Saccon Jewelers have considered said matter and beg leave to report as follows to Wit:
Recommend the License be Granted
Order read once and adopted 9-0 Vote
#5
The Committee on Legal Affairs to whom was referred the matter of application Class II MVDL Cabot Fuel, 449 Cabot St. have considered
said matter and beg leave to report as follows, to wit;
Recommend the license be granted subject to the recommendations of the Zoning Board of Appeal
Order read once and adopted 9-0 Vote
#6
1/29/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Petroleum Storage, 449 Cabot
Street have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once adopted 9-0 Vote
#7
The Committee on Legal affairs / Committee of the Whole to whom was referred the matter of the matter of application Class II MVDL
Generation 2000 have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once adopted 9-0 Vote
#287 -08
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition National Grid Winter Street
have considered said matter and beg leave to report as follows, to wit:
Recommend the Petition be granted
Order read once and adopted 9-0 Vote
#1
The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointment North Shore Regional
Voke Representative Dean Porteous have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 9-0 Vote
Unfinished Business:
#111 A Ordinance MV & T No Parking Webber and River Streets
Motions and Orders:
#17
By Councilor Flaherty:
An Ordinance amending an ordinance relative to Trash
In the year two thousand and nine
An Ordinance Amending an ordinance entitled Public Works Article One-Trash Removal and Disposal Service Fee
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That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f8
That Section 20-9 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended as follows:
1. Residential: A trash fee of $100.00 per dwelling unit is hereby-established effective 1, July 2009, on all residential structures of 6
units or less. Residential structures of more than 6 units currently serviced by the City of Beverly will continue to be serviced at
$100.00 per unit.
2. Commercial: A minimum fee of $300.00 is hereby established for all commercial entities currently being serviced by the City of
Beverly. The final fee and conditions shall be subject to the determination of the Director of Engineering, who shall establish a
written standard therefore.
3. Discounts and Waivers:
(a) Senior Citizen: Any Senior Citizen (65 years or older) who owns and occupies a single dwelling unit with an income of
$30,069.00 or less for a single adult; $38,399.90 or less for two or more adults will be eligible for a fifty percent (500/0) discount of
this fee.
(b) Hardship Cases: The fee for any citizen who owns and occupies a single family home or condominium with an income of
$18,259.00 or less for a single adult; $20,419.00 or less for two or more adults, will be waived.
(c) Eligibility: Eligibility for senior citizen discount or hardship waiver shall be determined by using the Adjusted Gross Income
(AGI) number found on the IRS 1040, 1040A, or 1040EZ Form, or, if no income tax return has been filed for tax years 2006 or
2007, equivalent documentation of income, to be provided to the City Engineer under the pains and penalties of perjury. Age
shall be documented by driver's license, birth certificate, or equivalent proof. Any resident with a "life estate" interest in a
residential property will be treated as if he and/or she were the record owner of the property. In one, two or three family housing
types where the tenant and the homeowner both meet the eligibility requirements for the waiver or both meet the eligibility
requirements for the discount, such waiver or discount shall be granted to the homeowner.
(d) Vacancies: Any property owner who owns an unoccupied unit shall be eligible to receive a credit for each full six month
period for which the unit is not occupied. Property owners must provide documentation to the City Engineer signed under the
pains and penalties of perjury demonstrating that the unit was vacant during the entire six month billing period for which such
credit is requested. Eligibility shall be determined by the City Engineer using a water bill, or in cases where a unit's water meter
is not separate from another unit, a letter or billing statement from the Electric Company.
(e) Penalty: The City Engineer shall assess applicants a fine of not more than $250.00 for submitting false documentation.
4. Enforcement: Any fee not paid within 60 days of the demand shall become, upon application of the Collector of the City of
Beverly, a lien upon the property.
5. Billing: The annual fee will be collected in quarterly statements billed on the same cycle as the subject property's water and
sewer bill cycle.
6. This fee shall not be increased for any reason other than to offset an increase in the incineration cost per ton ("tipping fee") or an
increase in the contractual trash removal cost, and in such cases, the trash fee may no9t be increased beyond an amount equal
to the increases in these costs.
7. Exemption: Any person who can demonstrate and document to the satisfaction of the City Engineer an alternative lawful
disposal method may apply for an exemption from the fee.
8. Review: This ordinance is subject to a vote by 1, March 2010 by the City Council whether or not to continue through 2010.
The Council will review City collections, overall effectiveness and the recommendations put forth by the Mayor's appointed Trash
Committee. As with any City ordinance, the Council has the power to either change or delete an ordinance by a simple majority
vote.
9. Sunset Clause: This Order expires on 1 July, 2010.
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Refer to Finance and Property
#18
By Councilor Grimes:
Ordered: An Order Amending an Ordinance and setting the effective date of such Amendment
Be it Hereby Ordered by the City Council of the City of Beverly as follows:
Section 1: In the year 2009, and Ordinance Amending an Ordinance; Be it ordered by the City Council of the City of Beverly, as follows.
The Code of Ordinances, City of Beverly, Massachusetts are hereby amended by adding at the end ARTICLE 2, Section 2-402,
as now appearing, the following paragraph:
The Mayor shall submit to the City Council at its first meeting in the month of May the proposed budget for the ensuing fiscal
year.
Section 2: Section 1 of this order shall take effect on January 1, 2010.
Refer to Finance and Property and Legal Affairs
#19
By Councilor Coughlin:
Ordered: That the City Council regarding possible budget shortfalls caused by diminishing revenue streams in 2009 & 2010 seek to
prioritize fiscal options to keep within present and future budgets.
Refer to Finance and Property
Meeting adjourned: 7:45 PM
Frances A. Macdonald, CMC
City Clerk
1/29/2009